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Category Archives: Competition

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This Week at the SCC (01/11/2013)

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Competition, This Week at the SCC

The Supreme Court of Canada released judgments in three cases and denied leave to appeal in one case of interest to Canadian businesses and professions. In a trilogy of cases (Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2013 SCC 57, Sun-Rype Products Limited v. Archer Daniels Midland Company, 2013 SCC 58  and Infineon Technologies AG v…. → Read More

Supreme Court Releases the Indirect Purchaser Trilogy

Posted in Class Actions, Competition

The following article by Sarah Corman and Shaun Finn may be of interest to readers of this blog: Supreme Court Releases the Indirect Purchaser Trilogy In an important trilogy released October 31, 2013, the Supreme Court of Canada recognized the right of indirect purchasers to assert competition claims while confirming its rejection of the “passing… → Read More

What will Justice Nadon’s appointment bring to the Supreme Court?

Posted in Aboriginal, Administrative, Charter of Rights, Class Actions, Competition, Intellectual Property, Tax

Background Earlier this week, the Prime Minister surprised many Supreme Court-watchers by nominating the Honourable Marc Nadon to replace Justice Fish at the Supreme Court of Canada. Given this recent appointment, the Canadian Appeals Monitor has taken a look at Nadon J.’s jurisprudential legacy to date and identified key cases which illustrate his judicial leanings, especially… → Read More

Back to Class on Class Arbitrations: What About Economic Feasibility?

Posted in Case Comments, Competition, Procedure

What happens when the parties to an arbitration agreement expressly contract out of the possibility of proceeding to a class arbitration, and this means that plaintiffs will have to incur great expense to each make proof of their claim individually, well above the amounts they may obtain as a result of their proceedings? Should a… → Read More

Click Here to Win a Million Dollars!: The Australian High Court Considers Whether Online Intermediaries are Liable for Displaying Misleading or Deceiving Advertisements

Posted in Administrative, Case Comments, Communications, Competition

Online advertising is big business. It is estimated that $92 billion was spent worldwide last year, and forecasters expect that number to reach $143 billion by 2017. But to what extent are the distributers of online advertisements responsible for their content? That was the question considered by the Australian High Court in Google Inc v Australian Competition… → Read More

The Second Opinion: Restrictive Covenants at the Ontario Court of Appeal

A Commentary on Recent Legal Developments by the Opinions Group of McCarthy Tétrault LLP

Posted in Competition, Contracts, Corporate Law, The Second Opinion

The Ontario Court of Appeal has released an important new judgment concerning the enforceability of restrictive covenants: Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72.  The decision provides guidance about when a restrictive covenant will be unenforceable owing to its duration and the scope of its prohibited activities, and suggests that a different test for unenforceability… → Read More

Consumer Class Actions: BCCA Limits Availability of “Waiver of Tort” Claims but Expands Jurisdictional Reach in Conspiracy Claims

Posted in Case Comments, Class Actions, Competition, Manufacturing, Torts

Introduction The SCC recently dismissed two leave applications from important (but unrelated) decisions of the BCCA in the consumer class action realm. One decision, in a rather noteworthy step, engages in an extensive analysis of and narrows the availability of the “waiver of tort” doctrine in claims based on alleged breaches of consumer protection type… → Read More

Do Equitable Ends Justify Expanding “Unlawful Means”? The Supreme Court of Canada Grants Leave in A.I. Enterprises Ltd. v. Bram Enterprises Ltd.

Posted in Case Comments, Class Actions, Competition, Contracts, Insurance, Procedure, Torts

Introduction The Supreme Court has granted to leave to appeal in a case that has the potential to elucidate an area of tort law where confusion has reigned for far too long. In the words of the House of Lords, “the law in this area is a mess.” The subject that has engendered this confusion is the… → Read More

FCA Narrows the Limitation Period Defence in Civil Competition Act Claims

Posted in Case Comments, Class Actions, Competition, Procedure

Introduction The Federal Court of Appeal has ruled that the “ongoing effects” of a conspiracy do not extend the applicable limitation period for the purposes of a civil action brought under section 36(1) of the Competition Act for a criminal conspiracy contrary to section 45(1). The Court of Appeal’s affirmation of the lower Court’s decision also… → Read More